Chapter 11: General defences - Infancy

Question 1

What are the 2 categories for infancy?

Answer 1

Below 10 years old

Above 10 years old

Question 2

Can a child below 10 years old be charged with an offence?

Answer 2

No charge

• It is an irrebuttable presumption that children in this category are deemed as ‘doli incapax’ (incapable of committing a crime)

Question 3

What is the punishment for children under 10 years old

Answer 3

Care proceedings

Question 4

What is the case for children below the age of 10?

Answer 4

Walter v Lunt [1951]

Facts

1. Boy was 7 years old and stole a tricycle, parents knew that he it was being stolen
2. Brought it back to the parents
3. Parents were charged for handling stolen goods

Held

1. Acquitted, that since the child could not steal, the tricycle can’t be stolen

Question 5

Can a child above the age of 10 be charged with an offence?

Answer 5

Yes, can charge

• No presumption of doli incapax
• But the mode of trial and punishment would be different - care proceedings

also applied for adults

Question 6

what is the punishment for above 10 years old?

Answer 6

care proceedings

don’t say charged